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The suit, filed on Thursday, Sept. 5 by the family of 32-year-old Matthew Cornier, names Neptune Resources, LLC; Super Chill CBD Products; and Hometown Market. Philadelphia-based law firm Feldman Shepherd announced the legal action in a news release on Thursday, Sept. 12.
Cornier died on Wednesday, Dec. 6, 2023, after consuming Neptune's Fix Elixir purchased from a store in Point Pleasant, the suit claimed. The product is marketed as a dietary supplement and contains tianeptine, an antidepressant drug advertised as "happiness in a bottle."
The Ocean County Medical Examiner ruled Cornier's death was caused by an adverse effect of tianeptine with THC. The suit claimed Neptune's Fix Elixir caused the deadly reaction.
The Food and Drug Administration has issued warnings against products with tianeptine including Neptune's Fix Elixir. The supplement has been blamed for causing seizures, comas, and deaths.
After Cornier's death, Neptune Resources voluntarily recalled the elixir in January.
Cornier was an aspiring graphic design artist and graduated with a bachelor's degree from Kean College-Ocean County College, according to his obituary from Kedz Funeral Home. He was working as a design artist for Blazing Visuals in Point Pleasant and also started his own clothing line called Syren.
Attorney John Dodig said Cornier had no history of health issues or addiction.
"He bought Neptune's Fix thinking that it was a dietary supplement, that it was safe, and that it would help him focus at work as a talented and up-and-coming graphic design artist," Dodig said in a statement. "He purchased it at a local convenience store, not some back alley. Neptune Resources and other companies that have put tianeptine-containing products into the marketplace must be held legally accountable when their products cause deaths and serious injuries."
Democratic Rep. Frank Pallone, Jr. of New Jersey introduced a bill to Congress in April that would ban the sale of "gas station heroin" products.
"It’s clear that these harmful tianeptine-containing products pose a serious threat to consumers and are jeopardizing the health of our communities, particularly our kids," Rep. Pallone said. "These dangerous products do not belong on store shelves."
According to the nonprofit America’s Poison Centers, 391 tianeptine-related cases were reported in the U.S. in 2023, including 27 in New Jersey.
"No one should die because they drank a small energy drink that they purchased at a local convenience store," said Jason Daria, an attorney with Feldman Shepherd. "We hope that this lawsuit will shine a spotlight on this public health concern and prompt the companies behind products with tianeptine to take immediate action to remove them from the marketplace."
In June, North Carolina became at least the tenth state to ban tianeptine sales, WRAL reported.
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